Fair trial

Judicial decisions must be enforced. Inaction of the authorities regarding the non-execution and non-delivery of the property to the owner violated the fair trial

JUDGMENT Nikoloudakis v. Greece  26.3.2020 ( no. 35322/12) see here  SUMMARY Rule of law and enforcement of judgments. The applicants, by irrevocable judgments, were recognized as owners of a property owned by their mother but had been encroached upon by third parties and ordered to return the property to them and demolish the illegal buildings […]

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Conviction on the basis of pre-trial testimony of witnesses who failed to testify at the hearing violated fair trial

JUDGMENT Chernika v. Ukraine 12.03.2020 (no. 53791/11) see here SUMMARY Conviction of defendant on the basis of pre-trial testimony of witnesses who failed to testify at the hearing. Infringement of a fair trial. The applicant is a police officer. He was sentenced to 8 years in prison for drug trafficking. During the hearing, 3 key […]

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δικηγόρος

Judge versus lawyer. The unjustified assessment of an eyewitness testimony as unreliable because he was working for a lawyer and the judge’s witness testimonies as reliable, violated the fair trial

JUDGMENT Aslan Ismayilov v. Azerbaijan  12.03.2020 (no. 18498/15) see here SUMMARY Fair trial and reasoning of judicial decisions. Withdrawal of a lawyer license after disciplinary action by a court following a judge’s complaint. Failure of courts to respond to the applicant’s claims and unilateral evaluation of witness testimony against the lawyer and the complaining judge. […]

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Journalist’s condemnation for gloryfying violence and the kidnappers did not violated the freedom of expression

JUDGMENT Altıntaş v. Turkey 10.03.2020 (no.  50495/08) see here  SUMMARY The case concerned a judicial fine imposed on Mr Altıntaş for an article published in 2007 in his periodical Tokat Demokrat, describing the perpetrators of the “Kızıldere events”, among others as “idols of the youth”. The events in question took place in March 1972, when […]

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Red card to Platini from Strasbourg! The penalty imposed on him was proportional

JUDGMENT Platini v. Switzerland 05.03.2020 (no. 526/18) see here SUMMARY The case concerned Michel Platini, a former professional football player, president of UEFA and vice-president of FIFA. Disciplinary proceedings had been brought against him in respect of a salary “supplement” of 2 million Swiss francs (CHF), received in 2011 in the context of a verbal […]

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απαλλοτρίωση

Disciplinary proceedings against a notary for the transfer of public property to a monastery. The fair trial was not infringed

JUDGMENT Peleki v. Greece 05.03.2020  (no.  69291/12) see here  SUMMARY The case concerned disciplinary proceedings against the applicant, a notary by profession, after she was instrumental in the conveyance of State property to a monastery. The Court found that sufficiently thorough judicial scrutiny had been exercised by the Court of Appeal, which had remedied the […]

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Deprivation of the right to choose a defense lawyer and the national court’s formalism in the late appeal violated the ECHR

JUDGMENT Lobzhanidze and Peradze v. Georgia 27.02.2020 (no. 21447/11 and 35839/11) see here  SUMMARY Evidence, Appointment of Attorney, Appeal and Fair Trial. The applicants were convicted of forgery for a virtual sale of real estate. In addition, the first applicant was charged with the offense of bribery of judicial officers for attempting to influence a […]

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Activist journalist persecuted due to ‘fabricated’ accusations: The Court condemns many rights violations

JUDGMENT Khadija Ismayilova v. Azerbaijan  25.02.2020 (no.2) (application no. 30778/15) see here SUMMARY The case concerned the applicant’s complaint that she had been arrested and detained without a reasonable suspicion of an offence and her allegations that those acts were aimed at punishing her for her work as a journalist who was critical of the […]

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The Court intervenes on the substance of the criminal case. Non-examination of evidence, insufficient reasoning and lack of impartiality: Unfair trial

JUDGMENT Paixão Moreira Sá Fernandes v. Portugal 25.2.2020 (no. 78108/14) see here  SUMMARY The case concerned the applicant’s conviction for recording a conversation with a businessman who was offering him money to ensure that his brother, a Lisbon City Councillor, would withdraw his opposition to a contract that the businessman wished to conclude with the […]

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Systematically restricting the legal representation of the suspect in the pre trial proceedings: breach of the fair trial

JUDGMENT Mehmet Zeki Çelebi v. Turkey  28.1.2020  (no. 27582/07) see here  SUMMARY Fair trial and representation by a lawyer. The applicant was arrested on charges of involvement in terrorist organization, extortion and premeditated homicide. At the pretrial stage he requested legal representation but was not required by law and his apology was in the absence […]

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ECHRCaseLaw

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